Stuck By Falling Object Attorney in NYC
In New York City, many construction sites involve working on tall buildings, high-rises, and skyscrapers. Unfortunately, this also means that the risk of a worker suffering an injury from a falling object is very real in NYC. Falling object accidents on construction sites may occur when objects or materials are dropped from scaffolding or open heights, when machinery breaks off or drops loads they are carrying, or when pieces of the building or structure under construction or renovation fall off.
Whether you have been injured by a falling object while on the job as a construction worker or you were hurt while simply walking by a construction site, you deserve the opportunity to seek compensation for your medical treatment, lost wages, or other losses you have suffered. An NYC falling object injury lawyer from The Perecman Firm, P.L.L.C., can provide the legal assistance you need to pursue financial recovery.
For more than 40 years, the injury lawyers of The Perecman Firm, P.L.L.C., have represented victims of catastrophic injuries throughout New York City, Long Island, and across the state of New York. Our attorneys have been recognized by some of the country’s most prestigious legal organizations, including Super Lawyers®, The Best Lawyers in America®, and the Multi-Million Dollar Advocates Forum®.
If you were harmed by falling objects on a construction site in New York City, contact The Perecman Firm, P.L.L.C., today for a free initial case evaluation. Learn more about what an NYC construction accident attorney can do to help you seek financial compensation for your injuries.
Why Choose Our Construction Accident Attorneys for Your Case
We are proud to have helped many victims of catastrophic injuries secure the results they need to move forward financially and emotionally. Over the years, clients and other law firms have turned to us to help them navigate the most complex injury cases. We are dedicated to providing injured victims with the best representation possible.
Clients in New York choose us to help them with their cases because of:
- Our proven record of success in catastrophic injury cases, which includes having secured more than a half-billion dollars in compensation for our clients
- Our more than four decades of legal experience, which includes handling landmark court cases that have resulted in changes to the law that benefit the rights of accident victims
- Our team of highly experienced trial litigators, backed by leading experts
- The respect of our legal peers, evidenced by the fact that many attorneys choose to refer their most complex catastrophic injury cases to us
- Our extensive resources, which allow us to take a full-service approach to your case
Proven Results in Construction Accident Claims
Our firm has a long history of recovering maximum compensation on behalf of construction workers hurt by falling objects. Some of the results we’ve obtained in construction accident claims include:
- $12 million for a union teamster struck by an angle iron which caused him to fall off a ladder
- $7.9 million for a union dockworker struck by a two-ton block being hoisted
- $3.3 million for a 54-year-old cement worker struck by a falling piece of plywood
- $3.2 million settlement for the family of a carpenter struck by a falling metal plate from a hoist.
- $2.5+ million verdict for a worker struck on the head by a brick that fell from the fifth story of a Manhattan building.
- $1.35 million for a labor foreman struck by a falling angle iron
How Our NYC Falling Object Injury Lawyers Can Help You
When you have suffered a falling object injury in a construction site accident in NYC, let the attorneys of The Perecman Firm, P.L.L.C. help you pursue compensation that can help with your recovery by:
- Reviewing your legal options for financial recovery, including whether you may be entitled to pursue a workers’ compensation or a personal injury claim
- Investigating the facts and circumstances of the accident to identify the parties who may be responsible for your injuries and losses
- Working with accident reconstruction, engineering, and construction site safety experts to help us persuasively explain the fault of other parties for the accident and your injuries
- Hiring medical, vocational, and financial experts to help document your injuries and calculate your present and future anticipated expenses and losses
- Preparing and filing workers’ comp and insurance claims on your behalf to aggressively pursue the financial benefits you need for your recovery
- Pursuing workers’ compensation claims or personal injury lawsuits if litigation becomes needed to demand compensation from the parties who are liable for your injuries
Do I File for Workers’ Compensation or File a Lawsuit After a Falling Object Accident?
If you have been injured in a falling object construction accident, you may be able to pursue compensation through your employer’s workers’ compensation insurance, through a personal injury claim, or potentially both. Here is more information about these types of claims:
- Workers’ Compensation: Workers injured on the job are entitled to benefits provided through their workers’ compensation insurance regardless of who is at fault. Workers’ compensation can include medical benefits, wage supplementation, and vocational rehabilitation. If a construction worker is injured in a falling object accident that their employer bears responsibility for, then a workers’ compensation claim is typically an injured worker’s sole option for recovering financial benefits from their employer.
- Civil Injury Lawsuits: In some cases, particularly those involving accidents caused by negligent third parties or violations of the NY Labor law, injured construction workers may have the right to file a civil personal injury lawsuit against at-fault parties, including owners and contractors. Personal injury lawsuits can also be filed against construction companies when an innocent bystander or passerby is injured by a falling object from the construction site. Personal injury suits offer workers an opportunity to recover compensation that is otherwise unavailable or insufficient under workers’ compensation, such as damages for pain and suffering and all of a worker’s past lost wages and future lost earnings.
How you go about seeking compensation for your injuries will depend on the facts of your accident. However, even if you are entitled to bring a civil personal injury claim, you can still receive workers’ compensation while your civil case is pending. That said, because the law does not allow an accident victim to recover twice for the same loss, any recovery you obtain in a personal injury claim might be subject to a lien to reimburse your employer or its workers’ compensation insurer for workers’ comp benefits they have already paid you.
Because our firm handles both workers’ compensation and personal injury claims for our construction accident clients, we can help determine your options for pursuing the compensation you deserve. Our attorneys handle all aspects of these cases, including discussion of any workers’ compensation liens or credits when workers pursue both workers’ compensation and civil damages.
Who Can Be Held Responsible for a Falling Object Injury?
Depending on the cause and nature of the falling object accident, multiple parties may be responsible for injuries. Liable parties in a falling object injury claim may include:
- A construction site’s general contractor, who is responsible for enforcing worksite safety rules and OSHA regulations
- A subcontractor on the construction site if one of their employees causes an object to fall
- The property owner of the construction site, who may be responsible if a falling object injury is caused by a dangerous or defective condition of the owner’s property
- A manufacturer of tools, equipment, or machinery used on the construction site if a design or manufacturing defect causes a piece of equipment or machinery to break off and fall onto someone or if defective equipment or machinery drops objects
Time Limit for Filing a Claim after Being Struck by a Falling Object
If you are hurt by a falling object on a construction site, you have limited time to pursue compensation. If you were injured by a falling object while working as a construction worker on a worksite, you will usually be entitled to file a claim for workers’ compensation benefits. Under New York’s workers’ compensation law, you typically must notify your employer of your injury within 30 days of the accident date. However, employees are encouraged to notify their employers as soon as possible.
You have two years from the date of your last payment of workers’ comp benefits to file a formal workers’ compensation claim with the state workers’ compensation division to pursue benefits from your employer if your employer:
- Denies you workers’ comp benefits
- Doesn’t pay you the full benefits you believe you are entitled to
- Tries to terminate your benefits
If you have a personal injury claim arising from a falling object injury, New York’s statute of limitations on injury claims typically requires you to file a personal injury lawsuit within three years of the accident date. For example, you might file this type of claim if you were injured while working on a construction site due to a third party’s negligence or if you were injured by a falling object as an innocent pedestrian walking past a construction site.
Failing to file your workers’ comp claim or personal lawsuit on time may lead to the loss of your right to recover compensation under those claims. This makes it important to speak to an NYC falling object injury attorney as soon as possible to begin the process of investigating and pursuing your claims.
Falling Object Hazards on Construction Sites
Though there are many risks on construction sites, those involving falling items are among the most concerning. Classified by OSHA among its “Fatal Four” – alongside falls from heights, electrocution, and caught between objects – struck-by / falling object accidents are associated with thousands of serious and fatal injuries each year.
In the construction industry, falling object accidents can involve an array of projects, objects, and failures, including:
- Falling building materials, including metal, masonry, and metal fittings
- Dropped objects, including hand tools, power tools, and pneumatics
- Objects that fall from hoists, cranes, scaffolding, and forklifts
- Falling debris from demolition projects
Because falling objects are such a major risk on construction sites in New York City, there is an abundance of workplace safety regulations and laws that require employers, contractors, and property owners to take steps that protect against injuries stemming from these hazards. This can include requirements to:
- Provide proper PPE, including hard hats and head protection
- Properly brace and secure objects and materials to prevent them from falling
- Use catch platforms and safety nets to save people from being struck by falling objects
- Ensure workers are trained, certified, and properly supervised in the use of hoists, forklifts, and cranes
- Cease the use of cranes and other machinery in high-wind or inclement conditions
- Address potential hazards on premises that can cause or contribute to falling object accidents
Having handled numerous construction accident claims, our New York City falling object injuries lawyers understand the risks of falling objects and the need to help injured workers hold at-fault parties accountable. We perform in-depth investigations into our clients’ accidents to identify potential violations that may give rise to liability. This can include violations of:
- NY Labor Law 240, which applies to gravity-related hazards including falling objects and people falling from heights.
- NY Labor Law 241, which allows workers to sue owners, contractors, and others for Industrial Code violations involving specific unsafe conditions or practices.
- NY Labor Law 200, which concerns claims against site owners or contractors who fail to provide safe workplaces.
Types of Injuries from Falling Objects on Job Sites
Heavy objects or objects that fall from considerable heights can cause catastrophic injuries when they strike an unsuspecting victim below. Injuries from falling objects that victims of construction site accidents frequently suffer include:
- Head injuries and traumatic brain injuries
- Scarring or disfigurement
- Broken bones
- Nerve damage
- Neck and back injuries
- Crush injuries
- Internal organ injuries and internal bleeding
- Spine injuries, including herniated disc injuries
- Spinal cord injuries and paralysis
Our New York City falling object injuries attorneys work closely with victims of catastrophic injuries to hold negligent parties responsible for their careless actions.
Talk to Our NYC Construction Accident Attorneys Now
Don’t wait to contact the NYC falling object injuries attorneys of The Perecman Firm, P.L.L.C., following a falling object injury. We offer free, no-obligation consultations so you can learn more about your legal options for pursuing the financial resources you need for medical recovery and to help get your life back on track after suffering catastrophic injuries.